AVADHESH SHARMA (IN FIR AVADHESH SHARMA) AND 2 OTHERS v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9993/2025 · 2025-12-03
Indrajeet Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186801 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186801 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9993 of 2025 Court No. - 30 HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Paritosh Shukla, learned counsel for the applicants, learned A.G.A. for the State and Sri Ravi Yadav, learned counsel for opposite party no. 2. 2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned chargesheet dated 29/01/2024 and summoning order dated 02/04/2024 along with other consequential proceedings currently pending before Learned Chief Judicial Magistrate, Sultanpur, in Criminal Case No. 843/2024, "State. Vs. Avadhesh Sharma and Ors.", arising out of FIR No. 182/2023, under sections 304- A IPC, P.S. Munshiganj, District Amethi, against the applicants. 3. Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submit that in pursuance of the earlier order dated 04.11.2025 passed in Application u/s 482 No.9286 of 2025, the matter was sent before the court below for verification of the compromise deed. 4. It is evident from the record that the factum of the compromise has been verified by the court below vide its report dated 13.11.2025. The compromise deed as well as verification report are appended as Annexure Nos.8 & 9 to the application respectively, which goes to show that respondent nos.2 does not want to prosecute the applicants. 5. Learned A.G.A. fairly concedes that compromise has been effected between the parties and the same has duly been verified by the court below. 6. Hon'ble Apex Court, in catena of decisions, viz., Gian Singh Vs. State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs. State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, has held that inherent power can be used to do real and substantial justice. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the Versus Counsel for Applicant(s) : Sukh Deo Singh, Paritosh Shukla Counsel for Opposite Party(s) : G.A. Avadhesh Sharma (In Fir Avadhesh Sharma) And 2 Others .....Applicant(s) State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
settlement is arrived at between the parties. 7.
In view of the aforesaid fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of the compromise, no useful purpose would be served in proceeding with the matter any further. 8. Accordingly, the present application is allowed and the entire criminal proceedings arising out of charge-sheet dated 29/01/2024 as well as summoning order dated 02/04/2024 pending before learned Chief Judicial Magistrate, Sultanpur, in Criminal Case No. 843/2024, "State. Vs. Avadhesh Sharma and Ors.", arising out of FIR No. 182/2023, under Section 304-A IPC, P.S. Munshiganj, District Amethi are hereby quashed. 9. Office is directed to send a copy of this order to the court concerned, forthwith. (Indrajeet Shukla) December 3, 2025 S.P. A482 No. 9993 of 2025 2
Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad, Lucknow Bench